20. Approval or correction of the minutes of the August 13 special meeting and the August 20, 2015 regular meeting
There being no additions or corrections, the minutes were approved as presented.

30. Oral requests and communications from the audience
30.1 Presentation of Alba Students
Joe Davis, VP of Alba Sister City Association, thanked Council for their support and introduced the chaperons. Mayor Wheeler noted there is a special drawing for a ride along with the Fire and Police Department. The 30 students came forward and introduced themselves.

30.2 Quarterly Travel Medford Update
Annie Jenkins, Travel Medford, presented the quarterly report and stated that the average daily rate shows a slight increase and revenues continue to increase. She noted that things will start to even out pertaining to travel. Mayor Wheeler thanked her for the invitation to the AJGA tournament held at the Centennial and reported on the event.

30.4 Kurt Chapman, 1604 Highcrest Drive, talked about the budget pertaining to the police and fire construction and requested the City stop construction on these projects and go to a standardized project. He suggested that they hold the contractor/architect responsible for the price. He further stated that cutting one fire station out will not solve the problem.

40. Consent calendar
None

50. Items removed from consent calendar

60. Ordinances and resolutions
60.1 COUNCIL BILL 2015-86 An ordinance authorizing the purchase of a Pierce Fire Pumper and equipment in the amount of $731,200 from Pierce Manufacturing through the Cooperative National Purchasing Partners organization.

Councilmember Gordon stated he would like to hold this over to tonightís meeting. This is an item that he knows we need but it might be money used for higher priorities. At no time has Council thought of priorities to the Strategic Plan. We need to look at the remaining general fund, equipment, construction projects, etc. to prioritize if need be.

60.2 COUNCIL BILL 2015-87 An ordinance authorizing execution of an Addendum to the Solid Waste Collection Franchise Agreement with Rogue Disposal and Recycling, Inc., to continue leaf pickup services to January 20, 2019.

Mayor Wheeler requested a staff report. Chris Reising, Deputy City Manager of Development Services, noted this issue came up several years ago pertaining to putting in electrified fencing around a manufacturing type business. The ordinance we had in place forbid such a fence, so it was tabled at that time. The original ordinance was designed to prevent the use of unsightly barbed wire fence in certain areas of town. Councilmember Zarosinski questioned if they are allowed in residential property. Mr. Reising stated they are not.

60.4 COUNCIL BILL 2015-89 An ordinance amending the classification of City Recorder and adding the classification of Facilities and Project Manager contained within the Rules and Regulations for Executive, Supervisory and Confidential-Professional employees.

Human Resource Director Mike Snyder stated that, due to an error, there is a revision to the placement of the City Recorder position from a S16 to a S18. The certification pay increase was removed as that is an integral part of that classification. The other piece of this ordinance is a new job description for the Facilities and Project Manager which will be moved to the City Managerís office.

70. Council Business
70.1 Housing Commission Appointment
Councilmember Bunn stated that three applicants were received for two partial terms expiring January 31, 2016. Applicants were Dawn Blanchette, Jennifer Puryear, Daniel Smith; Council could vote for two.

70.2 Dr. David Young Request
Dr. David Young, who was not in the audience, had requested a refund of utility fees paid more than two years ago on property that had not been developed with utilities. Councilmember Gordon requested Legalís input pertaining to setting a precedent for future issues; City Attorney Lori Cooper noted that it would be a precedent as we would need to treat all citizens the same way. She could not find any issues such as this pertaining to the current code. Councilmember Gordon thought an error was made by the City and he was not aware of our policy. He thought Mr. Young is due what is overcharged and to him the findings are that we made an error and we need to correct it.

Motion: Direct staff to refund all utility fees that were billed in error as it relates to the three properties.Moved by: Dick Gordon Seconded by: Kevin Stine

Ms. Cooper requested a waiver be included in the motion to help us to track the fee refund.

Revised Motion: Direct staff to refund all utility fees that were billed in error as it relates to the three properties and to include a waiver.

80. City Manager and other staff reports
80.1 Emergency Preparedness Month Event by Larry Masterman
Larry Masterman, Emergency Management Coordinator, stated that will be a Rogue Valley Preparedness & Safety Fair at the Rogue Valley Mall on September 19 from 10 a.m. Ė 4 p.m. He further remarked on other activities that are going on this month. Mayor Wheeler read the Emergency Preparedness Month proclamation.

80.2 RVCOG Request for funding for Brownfields Assessment
Greg Stabach, Natural Resource Coordinator for RVCOG, invited the City to be a part of a coalition that is seeking funding for Brownfields Assessment.

Councilmember Bunn questioned how that works for a private property owner. Mr. Stabach stated consent would be needed. There is a DEQ data base of some properties of interest. Councilmember Matthews questioned when we would be able to review the memorandum; Mr. Stabach stated that it would be at the end of October. Councilmember Stine questioned if Mr. Stabach was looking for financial consideration or staff time; Mr. Stabach requested that the City be a part of the coalition and that no financial commitment would be required at this time. Councilmember Gordon stated that RVCOG needs a letter signed by Mayor Wheeler indicating that we would be part of a community wide coalition. Councilmember Gordon noted that they would eventually look for grant money, but we donít know if that would be available. City Manager Pro Tem Hoke questioned Planning Director Jim Huber if we could commit to this project with staff time; Mr. Huber noted that their department had considered doing this on its own last year and remarked that the coalition is a better approach. The Memo of Understanding (MOU) will come back to Council. Councilmember Jackle questioned if the reason for the inventory is so that we can remediate the sites; Mr. Stabach stated that is correct and this would be phase 1; the next step would be to clean up the site and to apply for funding. Councilmember Gordon stated that we need the flyer pertaining to the grants that are available. Mr. Hoke indicated that staff will obtain and forward to Council.

Motion: Direct staff to create a letter to be signed by Mayor Wheeler indicating that the City would like to be a part of a community wide assessment coalition on Brownfields.Moved by: Dick Gordon Seconded by: Clay BearnsonRoll call: Councilmembers Gordon, Bearnson, Bunn, Stine, Jackle, Matthews, Zarosinski voting yes.
Motion carried and so ordered.

80.3 Department of Justice Grant
Police Chief Tim George stated that the Police Department received a grant from the Department of Justice, Office of Justice Programs, which will be managed by Lt. Scott Clauson. The total amount of the grant is $70,602 for body worn cameras; $50,000 will go to the Medford Police; the balance will go to Jackson County Sheriffís Department. This will come back to Council on September 17 as an AIC. Councilmember Stine questioned the timeline for officers to wear them; Police Chief George noted that a vendor has been selected and we will start rolling out the product hopefully within the next 60 days.

80.4 Classification Study
No report given

80.5 Tree Program
Brian Sjothun, Parks & Recreation Director, provided information on the neighborhood street program which was done on Haven Street, Sweet Road, and Cummings Lane. Locations under consideration are Operation Care areas, the Habitat for Humanity Development, Maple Street as well as Johnson Street. He provided information on fire fuel reduction and future activities.

80.6 Further reports from City Manager
a. Yesterday staff sent out the RFQ for the executive search firm for new the City Manager. Six inquiries were received. Councilmember Gordon stated that he listened to the study session pertaining to this and it was said by three different members of the Ad Hoc Committee in different ways that there is insufficient information given for the search. No decision was made and it seems we are going down the same road as last time. We need to give more information to a recruiting group on what kind of recruiting they need to do, such as price. He noted that a recruitment plan might need to be changed if we wanted something such as a PHD. He thought that we need to put together what we are looking for and provide that to the firm so that they can do a better job for us. Mayor Wheeler noted that he was not concerned about the RFQ at this point. Mr. Hoke noted that he is putting together a list of what we are wanting in a city manager and would like as much input before a meeting on this topic. Councilmember Bunn thought what Councilmember Gordon stated is ideal, but he thought working with a firm to pull that from Council is probably more helpful. The Ad Hoc Committee all agreed to look at cultural aspects as well and would the prospective candidate fit into our community. Councilmember Gordon agreed, but still thought the firms responding would need more information. He noted he has done recruiting before and stated from experience the difficulties that we may encounter. Councilmember Jackle thought he heard Councilmember Bunn say that the recruiter will help us identify what we want; Councilmember Bunn agreed. Councilmember Jackle did not have a problem with that and maybe we could put an amendment in the RFQ pertaining to Councilmember Gordonís request. Councilmember Gordon stated that the firm used for recruitment must have a criterion of what the City needs in a City Manager.

b. Councilmember Zarosinski attended the MWC meeting where SDC fees were raised. The second meeting pertaining to the rate study has been scheduled.

90.3 Further remarks from Mayor and Councilmembers
a. Councilmember Bunn stated that he received an email requesting to live temporarily in a RV while working on a blighted building. He stated that this is not allowed in code, but he told the person he would bring this up to Council. Mayor Wheeler questioned Mr. Huber on his thoughts on this issue; Mr. Huber stated that he is happy to look into it and provided information on other requests like this that have come up. Councilmember Bunn didnít want to have to spend time on this unless Council was interested.

b. Mayor Wheeler stated that there is a Council Study Session tonight at 6:15 p.m. and a Council meeting at 7:00 p.m.

100. Adjournment to the evening session
Council adjourned to the evening session at 1:25 p.m.

EVENING SESSION7:00 P.M.

The regular evening session of the Medford City Council was called to order at 7:40 p.m. in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:

110. Oral requests and communications from the audience
110.1 Chuck Rhine, 713 Dakota Avenue, commented on the six million dollar increase on the police and fire stations and questioned what commitments Council will make to protect us from increased costs. Why canít construction companies be held accountable for their bids? Mr. Rhine liked Option 4 presented at the study session which is to stop the whole process.

120. Public hearings
120.1 COUNCIL BILL 2015-90 An ordinance amending Sections 10.135, 10.146, 10.155, 10.156, 10.157, 10.158, 10.163, 10.166, and 10.840 and replacing Section 10.167 of the Medford Code pertaining to the planning administrative review process and portable storage containers. (DCA-15-052)
It was stated this is a legislative action.
Mr. John Adam, Principal Planner, presented the staff report. This would reinstate provisions for portable storage containers and also create a class-D process. Councilmember Jackle questioned the location standard needs to be consistent with the overall Site Plan criteria. Mr. Adam questioned if Councilmember Jackle thought this would match the Site Plan criteria; Councilmember Jackle stated that it would. Councilmember Stine questioned what the amendment would do as Councilmember Jackle stated. Councilmember Jackle noted that for Wal-Mart to get their application approved, they would have to prove that their use was compatible with the surrounding neighborhood. Councilmember Stine questioned if this was talked about at a previous meeting; Mr. Adam noted that this is slightly different and this would be an additional step. Councilmember Jackle noted the original language and the current language and that you canít make a discretionary decision in the land use environment without having notice and opportunity to make an objection. Councilmember Bunn noted if we set up a Class D there are extra steps and hopes that the turnaround time is much quicker than 120 days. Councilmember Gordon questioned Councilmember Jackle on the land use issue pertaining to Wal-Martís outside storage. Councilmember Jackle noted that we need to put it in the record. The question was whether Wal-Mart could have outdoor sales (10.831). The condition was for outdoor sales not for portable storage containers.
Public hearing opened.
No one spoke.
Public hearing closed.Motion #1: Approval of ordinance on pg. 39 Section B, Sub-section one; the final line should have the word ďorĒ removed and the period replaced with a ďcommaĒ and this phrase added ďbe compatible with uses and development on adjacent land.ĒMoved by: Tim Jackle Seconded by: Daniel Bunn

Councilmember Bunn appreciated Mr. Jackleís comments. Councilmember Gordon stated that we sunset this in the past and put too much emphasis on business permits; he would rather them be illegal and tolerate it rather than telling businesses what to do. Councilmember Stine questioned the new motion; Councilmember Jackle noted there is no change, the Planning Director will still approve, but will need to look to see if it is compatible with the neighborhood. He appreciated Councilmember Gordonís comments, but we could change the Site Plan criteria. Further discussion took place on the procedure.

130. Ordinances and resolutions
60.1 COUNCIL BILL 2015-86 An ordinance authorizing the purchase of a Pierce Fire Pumper and equipment in the amount of $731,200 from Pierce Manufacturing through the Cooperative National Purchasing Partners organization.

Councilmember Bunn questioned what would be the detriment to Medford Rural Fire Protection District #2 (MRFPD2) in delaying this procurement; Fire Chief Fish stated that this was a two unit purchase, by partnering with MRFPD2 the purchase saved substantial planning and design time for our personnel, as well as a savings in the purchase price of two units at one time. He further commented on the savings including early prepayment. If we do not follow through we would have to take this back to them to determine what they would want to do. Mayor Wheeler questioned the budgeting process; Fire Chief Fish stated that the struggles over the years are the price of big apparatus. Our goal is to have two apparatus at every fire station so that when out of service, one will not have to be moved from another fire station. Councilmember Matthews questioned the practice of ordering pertaining to the ten months and does it come fully loaded. Fire Chief Fish noted they start with a cab design and based on our needs for our area we build compartments based on our tools, etc. We would send two people to check over the apparatus to make sure that we get what we ordered. Councilmember Jackle questioned how soon you could talk to their MRFPD2 board; Fire Chief Fish noted it would be the first Wednesday in October and that the bid ends at the end of November. He also commented that MRFPD2 waited until the City had money to go in with them.

Councilmember Bunn noted this was a big budget process for us; we know we need to buy fire apparatus and what will protect the public. He does not want us to raid money in areas such as this when money is needed. Councilmember Bunn noted that we have had a long fruitful relationship with MRFPD2. He noted that the Budget Committee made a commitment and we need to continue with it. Councilmember Jackle stated that the delay would hurt them. Councilmember Gordon stated that the more money we spend now will be less money that we have for the buildings of police and fire. He stated that we based our information on what staff reported and it was wrong. If the Budget Committee had new information would they vote differently? He would put a hold on all capital equipment and capital construction over $50,000. Councilmember Bunn noted that we will go back to the Budget Committee and if we will need to cut something we need to talk to the Budget Committee about that. Councilmember Gordon noted that he did not want to cut, but just delay. Councilmember Zarosinski stated that he will support the motion. Mayor Wheeler supported the apparatus purchase and stated we are short on fire pumpers. If we have to live with an older fire house then so be it as lives are more important.

140. Council Business
140.1 Public Safety Financing Update
Mayor Wheeler stated that we held a lengthy study session on this and questioned where Council would like to start. Councilmember Stine agreed with Option 4 to try to find a way to cut. Councilmember Bunn would like to vote on them separately and that we should proceed with the police station. He questioned if there was any wiggle room on approving the GMP. Project Manager Greg McKown noted we can wait about 60 days on the masonry. We are paying $68,000 a month for general conditions. Councilmember Zarosinski questioned the square footage on the police station and questioned if it was realistic to come down 7%; Mr. McKown noted the 7% is contingency and that it is not ideal to VE while under construction, but it can be done. We will be able to come down some, but not the 7%. Police Chief George wanted to talk about the square footage; 1459 was the additional square footage and is left undeveloped on the third floor. The MADGE will reach capacity and Council wanted room for growth. We would like to host MADGE at our campus. He noted that we continue to meet weekly pertaining to this project and Adroit does look at ways to save money. Councilmember Zarosinski noted that the increase has to do with the extra square footage. Councilmember Bunn didnít think we would find any VE on this project as the building has already started. Mr. McKown noted that there is room for VE with the fire stations. Councilmember Matthews questioned if the contingency would be used; Mr. McKown thought we would use contractor contingency, but did not see much need for the owner contingency of about $800,000. Councilmember Gordon questioned if could we waive our own fees that are mentioned on the spreadsheet as some cities donít charge for their own projects. Mr. McKown asked that question early on and was told no. Ms. Cooper stated that it has been a policy of Council in the past, but not sure. Finance Director Alison Chan stated not from a legal standpoint, but we charge those funds for indirect cost allocations. Mr. Reising noted all fees are established by ordinance. Councilmember Gordon stated that maybe spreading around the costs is an option and noted this was over $700,000 in fees and it is worth exploring. Mayor Wheeler noted he would not be waiving fees in the near future and thought we need to consider Ms. Chanís proposal. We can borrow from our own funds. If we donít waive St. Vincent then we shouldnít waive them for ourselves. Councilmember Bunn disagreed with Councilmember Gordon, but if we want to move appropriations from other departments we would need to meet with the Budget Committee. Councilmember Stine noted that this is very much what Ms. Chan talked about during the study session. Councilmember Bearnson would rather see the police building continue as planned and stagger the three fire stations. Councilmember Matthews talked about the huge step without the vote of the people and expressed concern on borrowing additional money. We need to work with the price we came in at. Councilmember Bearnson was concerned with the financial aspect of stopping all projects. Mr. McKown noted that we would be paying $68,000 a month with the police station and the weather and other conditions could extend the police project. Councilmember Jackle was concerned with Mr. McKownís thoughts that we canít find the extra 7%. Mr. McKown stated that he didnít mean that we canít go back and cut more, but at what part are we compromising the project. Councilmember Matthews thought we could go with Option 1, stopping the 3 fire stations and continue with the police station. Councilmember Bunn questioned Mr. Walker of Adroit Construction if we would get more VE out of the police station. Mr. Walker thought stopping the process would not help but presented a few options that can be changed on the VE. Mr. Bearnson questioned if we staggered out the fire station would it be easier to go with a lower price. Mr. Walker thought there is money to be saved on Station 2 but Station 3 and 4 is what the market will bear as their price came in close.

Motion: Approve the GMP for the police station and reject the GMP for fire stations 2, 3, and 4 and take no action on the faÁade alternate.

Councilmember Stine questioned at what point would we run over and when does that part start happening; he agreed with Councilmember Matthews that we should not go over. Mr. McKown stated that with this option there would be funding options, if needed, and we would VE as well. Councilmember Bunn questioned if we bonded both police and fire together; Ms. Chan noted that we did. Council continued to discuss the funding. Councilmember Bunn noted that Adroit did save us a lot of money with the package and thanked them for that. Mayor Wheeler requested staff VE as much as you can with a building that works for the police. Councilmember Bearnson questioned if the GMP is guaranteed; Mr. McKown noted we will have to come back to Council with a modified contract as it is over budget. Mr. McKown would like to come back with routine updates to Council. Councilmember Stine requested weekly updates as we meet weekly. Councilmember Chief Fish noted items have been removed from the Fire Station #4 and will need to go back into the building. They are in temporary housing which could continue for an additional time. The temporary housing will go to the Parks Department. Councilmember Jackle stated he is in favor of Option 4.

160. Propositions and remarks from the Mayor and Councilmembers
160.1 Further Council committee reports
a. Councilmember Bunn noted that there is an Oregon Freight Advisory Committee coming to town; they will be taken on a tour of freight facilities within the City.

b. Councilmember Zarosinski attended the last meeting of the Cemetery Commission and they are looking at facility management and have big problems with squirrels.

160.2 Further remarks from Mayor and Councilmembers
a. Councilmember Matthews stated that the bridge dedication in honor of Al Densmore will be September 12 at Bear Creek Park.

b. Mayor Wheeler stated that the groundbreaking ceremony for the fire stations has been postponed.

170. Adjournment
There being no further business, this Council meeting adjourned at 9:12 p.m.

The proceedings of the City Council meeting were recorded and are filed in the City Recorderís office. The complete agenda of this meeting is filed in the City Recorderís office.